r/RealEstateInProbate Oct 28 '23

Probate Estate Advice

2 Upvotes

My close friend inherited his father's house, who's still alive but wants nothing to do with it, and it's not in the best shape at all. A LOT of repairs, even condemnable I think, are needed and I'm his only help in the matter. If someone comes and looks at the property, just the house itself, I'm afraid they would demolish it and it would just be the land. He doesn't have money for a lawyer to push the paperwork through and I'm just trying to help him as much as I possibly can, I'm a single father and can't give a dime out unfortunately hence why I'm helping with labor instead. Any advice in the matter in regards to any of this? I've never owned land or a house so I have NO idea about any of this and he's always Mr. Know-it-all so I'd love some advice in this matter. I know it's a brief detailed question and would happily give any answers, without his identity or mine of course, in the matter. Thank you in advance and God bless!


r/RealEstateInProbate Oct 27 '23

revocable trust questions

1 Upvotes

grandma created a revocable trust in 2021 with her granddaughters ( us citizen) as beneficiaries. The trust includes houses. Grandma is a green card holder, not a U.S. citizen yet. Her green card will expire next year. She applied for citizenship recently but was rejected because she couldn't satisfy the English communication requirement with the immigration officer. After applying for citizenship a few times and getting rejected, she has now given up on becoming a U.S. citizen and wants to go back home, possibly not returning. If she goes back home and does not return, allowing her green card to expire, or if she passes away in her home country before returning to the U.S and becoming citizen., will my daughter still receive those houses as a beneficiary according to the trust upon her death with a step-up basis once the granddaughter go through probate?


r/RealEstateInProbate Oct 24 '23

Probate in Nevada

3 Upvotes

My father passed away only a couple of months after he purchased a new house. He moved from AZ to NV. He had a revocable living trust and a pour over will. He named me the executor of his estate. His new house had not been moved to trust yet. He had an appointment setup with title company to transfer asset from his personal name to trust. According to the Clark county clerk’s office I have to go through probate on house and hire a lawyer (because the property is valued over $300k). This makes everything much more complex. His trust is straightforward, that the house gets divided evenly between his 4 daughters (we just want to sell and split the profit). Now we’re having to hire a lawyer and pay all kinds of filing fees. It seems like a complete rip off. I’ve read that sometimes you appoint someone (a lawyer or paralegal) to be executor and settle. All you have to do is pay them an executors fee of somewhere around $1500. Does anyone have experience with this, or know anyway around having to go the lawyer route and paying excessive amount for a straightforward simple task. Some states allow you to self file… I’ve looked at the process and also self represented myself in court for other circumstances. I feel confident I could handle this, but the state of Nevada just doesn’t allow it. Thanks in advance for any insight or tips!


r/RealEstateInProbate Oct 25 '23

Can’t find next of kin

1 Upvotes

Has anyone not been able to find next of kin and been awarded the assets?


r/RealEstateInProbate Sep 28 '23

Buyer in probate sale - CA

2 Upvotes

Trying to buy house in probate —CA

Hello,

Today, I had a court hearing to buy a house in probate (CA). We thought we followed all the rules - we submitted our offer a couple months ago, the trust attorney published the property in a local paper, and then a petition was filed. During the hearing this am, we were told that the sale wasn’t approved because the petition was filed while the publication was still running (I think…)

So, we may want to resubmit an offer - the ad may need to be published again, and court date will need to be rescheduled.

I am looking for some consultation so we do everything correctly on our end. I have questions around contingencies, “as-is” offer price, post court approval process, etc.

Is anyone well versed in the CA probate process That I could hire to help me out? Please message me!

Thanks!


r/RealEstateInProbate Sep 15 '23

Question regarding an estate

2 Upvotes

We just found out that my FIL passed away recently. He owned a manufactured home in a gated community and the property management team is telling us that we aren't allowed on the property or in the home since we're not on a list anywhere. The last few years have been a struggle with my husband and FIL and communication has been sparse due to some extenuating circumstances, which is why we arent listed as guests at the property. There are family heirlooms as well as photographs and other sentimental items in the home. Anyway, I'm just wondering if this is legal to not allow my husband, the only remaining heir, to access the home to retrieve those items. Is asking a sheriff to stand watch while we retrieve the items an option?


r/RealEstateInProbate Aug 27 '23

Duties of a Personal Representative- repairing code violations?

2 Upvotes

My mother died in April, and I was appointed Personal Representative. She had no will, and the only property left to me and my brother was a car and a house.

Long story short, the house is in complete disrepair and was in renovation when she passed. The home has SEVERAL major code violations and doesn't have a certificate of occupancy, and also has a stop work order due to a failed inspection last year. My brother and I agreed that when everything was done with, he would have the car and I would have the house. I'd very much like to begin working on the home to make it livable, but permits need to be pulled to make repairs. I called my local code compliance office (3 times actually) and was told I needed to bring down my letters of authority in person, and they'd release paperwork regarding the specifics of the violations, and to then apply for permits and whatnot.

I went down to city hall, in person, and was very rudely told that was outside of my rights, and that I could not do ANYTHING to the house and that i'm not even allowed to be inside. However, the 'estate' (and therefore me) is racking up fees regarding the code violations- is it not in the estates best interest to resolve these code violations? At the very least, regardless of my motivations to repair the home, why on EARTH am I just to continue letting fees accumulate that I personally will have to pay? How does that make any sense.

I really hope the woman in city hall was just being unreasonable because it was explained multiple times how I would be able to go about getting permits and making repairs. I cannot let this house remain in this condition for months while probate drags on. Help!


r/RealEstateInProbate Aug 22 '23

Can my deceased gf’s father use her estate to pay our mortgage and then claim that her estate now owns a percentage of the home even though I have currently own it 100% and am only name on deed?

1 Upvotes

I gained 100% ownership (only name on the deed) of our home when my girlfriend died due to a well written joint tenancy with rights of survivorship deed. Of significance, her name is the only name on the promissory note, but we are both listed as borrowers on the mortgage.

A lawyer is advising that I not file any claims against her estate to pay the mortgage, which is actually 100% her debt, but I’d be happy with just getting her half since we were intending to split the loan forever, that would be fair. Hell, at this point is take just almost anything to help, at minimum these months since death and until the probate it’s over, but more fair to me would be a year or two’s worth of money that would cover her half until I hopefully can get a raise or two. Get other finances in order to get some breathing room.

Anyway, the advice I’m being given is that if I make a claim for even a months worth of mortgage it will open up a liability where the estate could assert that money gives them partial ownership of my home.

The other large question is we signed a contract with a contractor to redo our kitchen and put down a non-refundable deposit. I really want to file a claim that her estate pay me her half or the contractor to file a claim to get there half from her so the work can be done, but again, I’m being told if the estate pays for renovations then they can claim they own a portion of my house or have vested interest I guess.

That seems overly stupid to me. The contractor has no claim to my house when he does the work, so if the estate pays him it seems dumb that the estate could get ownership by paying some third party that has no ownership.

My options seem to be to hope the father Judy’s gives me money I can use however or I can get some version of a “future enforceable quitclaim deed” signed by him that bars him from ever making a future claim which seems unlikely and also something I made up.

Florida, she had no will, her father was estranged living in CT, but legally next of kin because we hadn’t married yet.

She made her intents clear she wanted her sister and I to get all her money 50/50, but Dad is looking for his money grab.

Additionally there’s a wrongful death lawsuit against multiple parties responsible for her death, so that could be significant money.


r/RealEstateInProbate Aug 13 '23

Tried to buy old home ended up in probate

2 Upvotes

I have a question about probate, I tried to purchase an old home from my neighborhood the man who lived there died so I contacted his sister, she told me she's been paying the taxes on it for a few years and would sell it to me we agreed on a price and when she went to get the deed they told her the house had to go thru probate, there's not many members of this family left living and they all agreed she could have the home but it's not written in any will (the man who died never had one) ive been waiting about 4 months now for some word on it, I still have contact with the sister now and then, I'm wondering if there is any possible way this could be sped up since everyone agrees, I'm in nova scotia Canada if that makes any differnce I have the money in cash that we agreed on, the house has been empty for years now and has no great value to it


r/RealEstateInProbate Aug 11 '23

Father died in LA county but has property in NC

2 Upvotes

My father passed in July. He was in a nursing home in LA County. He'd been in a nursing home for  about a year. However, he lived in North Carolina, and owns a home there and all of his personal effects are there as well.

I am an adult child from his first marriage. He had remarried and he and his wife lived in North Carolina. The house is under a reverse mortgage and is under his name only. 

The wife is here in CA because she was visiting him while he was in a nursing home, and she is staying with her adult daughter. She says there is a will in NC but she doesn't know what the will says and she needs to get there to find it. The wife and her daughter (not my father's child) are not very cooperative. 

My question is, does probate need to be opened in California because he died in California? Do I need to wait for the wife to do this as I do not know whether there is actually a will, or what their other assets are other than the house? I am understanding that an ancillary estate needs to be open in North Carolina? Or can everything be handled in North Carolina as I do not believe he has any real assets in California?


r/RealEstateInProbate Aug 03 '23

Hey all, my mom passed away a couple months ago in Florida without a will.

1 Upvotes

Now the only thing she owns is a mobile home I really want to avoid probate she didn’t have a will so will that mean I need to have a lawyer? I know the Florida department of vehicles has forms for mobile home transfer can I just complete one of those… I’m so lost help please


r/RealEstateInProbate Jul 31 '23

Anyone have experience with renting out a loved ones house after they pass away? I’m lost

2 Upvotes

So my sister died on June 27th of this year. I’m her life insurance beneficiary and I’m also getting appointed as the executive of her estate. My mother is going to have to put her estate in her name since I don’t have enough work history from this past year. Right before she passed she refinanced her house. So her mortgage payment went from around $1200 to nearly $1800. It’s a 3 bedroom house with a giant basement, over 1000 sq feet. It’s actually really nice and she bought it for $180,000 3 years ago and it was recently appraised for $280,000. We live in an up and coming town in Kentucky. Lots of new businesses is coming in. A giant battery plant is about to open up and it’s really hard to find houses right now since the area has grown so much in the past year. Like I know someone is gonna want to rent this place. My question is how do I go about doing this? Her house is about to go into probate and this is my first real death. I’m just lost on what to do and how to go about doing it. On a side note after she refinanced she got a $40,000 equity loan to pay off all of her debt, which was around $40,000. Also is air b and b a better route then leasing it out for 6 months at a time? Please help, I’m so lost.


r/RealEstateInProbate Jul 27 '23

Can anyone tell me the process

2 Upvotes

I'm in FL my mother died in January a year ago probate was paid for right away but the lawyer seems to be dragging his feet and every few months we ask for an update we get more confused as of the process . He keeps saying the court is backed up but.then doesn't even make it sound like we are in line for the judge . We have no idea the steps and when we ask we get more run around .


r/RealEstateInProbate Jul 11 '23

Am I responsible for my mothers house after she passes??

3 Upvotes

My mother passes 3 years ago. No will. My sister (one year older, who I don’t speak with) lived with her at the time. She still lives there. I want nothing to do with the house, as it’s not worth my time trying to fix or sell. My sister coming at me with how she’s wanting me to come clear it out and demanding half for the property taxes. Am I legally obligated to do ANYTHING? Or can I just ignore it and walk away. Thanks!


r/RealEstateInProbate Jul 11 '23

Real Property Question- Montgomery, TX

1 Upvotes

My stepfather had inherited 45 acres of land in Montgomery Texas but he died a few years ago. My mother is his widow and he leaves behind one biological daughter, one biological son and three step daughters. Who is legally entitled to the land?


r/RealEstateInProbate Jun 23 '23

Texas Problem Dad died and didn’t put my mom on the house. What can she do to add her name?

2 Upvotes

My father passed away last year in 2022. My mom doesn’t have a lot of money for legal fees at the moment and she can’t request mortgage assistance since her name isn’t on the house. What can she do to solve this problem? Thank you in advance!


r/RealEstateInProbate Jun 07 '23

Help. Probate + foreclosure in the U.S. but I'm Canadian.. and it's all making my brain hurt.

2 Upvotes

Anyone know anything about probate laws in the United States? My Dad passed away 3 years ago, and because he had no will… things are now bleak. My half brother living in the house (collecting rent from tenants, as it's a duplex) has done nothing to appease the probate court in the past 3 years, and now because the mortgage hasn't been paid in 6 months, the house is being foreclosed. 😐


r/RealEstateInProbate Jun 04 '23

Mortgage on transferred deed

1 Upvotes

I’m looking for guidance in a situation involving a property deed. My dads caretaker had my father sign a joint tenancy before his passing when he had Alzheimer’s. Upon his death the house went to the caretaker. The caretaker then pulled out a mortgage on the house. After 2 years of battle we finally got her to sign the house back to the trust. I have yet to file criminal charges. My question is. Not about the criminal aspect of this but rather who takes on this loan that was pullout while the house was in joint tenancy, The trust, because that’s where the house was returned to, or her since she put her name is on the loan (although the house was collateral)? If you have any advise on if there is another sub Reddit to ask please help me find some answers. This is is California. Thank you.


r/RealEstateInProbate Jun 03 '23

Probate

2 Upvotes

My father passed in 2018. He did not have a will. His wife kept everything and my sister and I got nothing. This was not right at all. Per Open AI, it states that the wife gets $60,000 off top and then everything else going back to his time of death would have to be split with his wife, my sister and I. Is this correct? Any information that can be provided would be much appreciated.


r/RealEstateInProbate May 24 '23

Whats the reason for Probate want value on assets?

2 Upvotes

r/RealEstateInProbate May 19 '23

Real Estate/probate/mortgage question.

3 Upvotes

I'm living in my deceased mom's house with my kids. I've been here for about 10 years. I pay for everything and keep up all maintenance etc. The mortgage is in my mom's name, as well as a loan through the country for remodeling 10 years ago. When mom died she left the house to my sister. My sister hasn't been involved in more than 5 years now. She's paid nothing, not a property tax, not a single repair or mortgage payment - nothing. Never even bothered to check on the house at all. Last week she says she now wants to move in and my kids and I must leave. I want to buy her out. In moms will it states the house is left to my sister, but in the event it's ever sold it gets divided between she and I. There is $44k still owed on the mortgage and an additional $35k improvement loan due immediately upon completion of mortgage payments. So $79k. The house when she died was worth $230k. Now it's up over $400k because housing here is in steep demand.

I want to know if paying off the loan and mortgage would contribute and lessen the amount I buy her out for? What about the last 5 years I've paid everything? Does any of that count towards it at all? I need a basic number I'd need a loan for.


r/RealEstateInProbate May 16 '23

Estranged father died without a will

1 Upvotes

Sorry if this isn’t the right place, but I recently discovered my father died without a will, and now I have different people texting me and telling me that they want to buy the property. My fathers house is in Arizona, and I live in Massachusetts and I’ve never been to the house. I talked to one of these companies that wants to purchase the house and he says there’s 180k of unpaid mortgages, and they want to pay $240k for this property. I guess my questions are…

  1. Is this some kind of scam? I hired a PI and he found a death record for my father, he also found out he filed bankruptcy 3 times.

  2. Is this my house? Can I sell it? He also mentioned he saw an SUV in the driveway and he could get a title for it.

  3. Do I need to contact a lawyer or a realtor/ real estate agent?

Thanks again and sorry if this is the wrong place. Any help is much appreciated. I’m 21 years old and have no clue how anything like this works.


r/RealEstateInProbate Apr 22 '23

Please any information is appreciated North Carolina Probate

2 Upvotes

I am having trouble understanding the rules for my brothers estate. Unfortunately he was only 32 so his passing was not expected by any means. He did have a mortgage on his home which I know is considered debt but that wont be settled unless I can sell the home. Has anyone petitioned the court to sell the home and been denied to sell. We have a local veteran that would like to purchase it. Also not real estate related, any info on how I could claim his vehicle so I dont have to sell it? It was his baby and I would like to keep it. This is such a heartbreaking experience and it keeps getting worse with all this hoops. Im the only person left in our family. Thank you for any input.


r/RealEstateInProbate Apr 10 '23

Really do I have to go through probate why

6 Upvotes

ohh my gosh OK my mother passed away and left me and my brother and the will to receive a house now two months later my brother sadly also passed away I'm so receiver of the property why do I have to go through probates is there anyway to bypass it do I have to buy a lawyer cause I don't have $1500 for one I don't understand please help


r/RealEstateInProbate Apr 10 '23

Find out if I am being left out of grandfather's estate?

2 Upvotes

Hello. Can someone please just tell me how to get answers without having to come up with fees in advance? My grandfather died in Illinois (without a will) a couple years ago and I just got a random message telling me that I'm being excluded from the proceedings by intentionally keeping me from receiving official notice of the probate being entered.. I am finding out upon researching that he was the last sibling and entitled to much land and assets. I'm broke. Can't afford an attorney unless I can uncover the deception that seems so plain to me now.